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161 West Harrison Street, Ground Floor (C-102), Chicago, Illinois 60605 (312-704-8000) Free Consultations with our attorneys on the First Saturday of each month
from 10:00 a.m. - 2:00 p.m.

Federal Charges for Illegal Re-Entry, 8 U.S.C. §1326

We Know What Criminal Defense Attorneys Do Not

Many people are being charged and convicted of illegal reentry into the United States in Federal court and serving sentences of incarceration of upwards of 4 – 5 years for this non-serious offense.  Since these cases arise in the Federal district courts, they are assigned to the Federal Defender’s office or private criminal defense counsel.  These criminal defense attorneys, however, do not know the various ways in which the underlying order of removal – upon which the federal charges are based – may be reopened or “collaterally attacked.”  Knowledge of how to collaterally attack a prior removal order is something only an experienced immigration attorney would have.

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We represented one client who entered illegally after having been ordered removed and found, by a thorough review of the file and the records in the case, that the order of removal should never have been entered because the Defendant was, at the time, entitled to voluntary departure and the Immigration Judge failed to inform him of that important option.  We filed a motion attacking the prior order of removal.  This is a strong basis on which to collaterally attack the prior order which completely defeats the charge of illegally reentering after an order of removal.

Do not plea guilty to this type of offense without consulting with an experienced Immigration attorney.